CITY OF OREM
COUNCIL MEETING MINUTES
June 4, 1991
6:00 p.m.
CONDUCTING: Mayor Pro Tem Kelvin Clayton
ELECTED OFFICIALS: Mayor Pro Tem Kelvin Clayton; Council members James Evans, H. Keith Hunt (arrived at 6:15 p.m.), Joyce W. Johnson and Norman K. Woodhouse.
APPOINTED STAFF: Daryl Berlin, Stewart Taylor, Paul Johnson, Ott Dameron, Ed Stout, and Melody Downey
EXCUSED: S. Blaine Willes and Lucile Steele
PLEDGE OF ALLEGIANCE: Jim Evans
INVOCATION: Kelvin Clayton
PERSONAL APPEARANCES
Time was allotted for the public to express their ideas, concerns and comments on items not on the Agenda. No comments were made.
MAYORS REPORTS/ITEMS REFERRED BY COUNCIL
Pleasant Grove Royalty - Strawberry Days
The Strawberry Days Royalty, Nanette Pearson, Queen; Janilyn Patch, 1st Attendant; Kimberlee Russell, Rodeo Queen; and Lana Spykes, Rodeo 1st Attendant were present to invite the City Council to attend Strawberry Days, June 19 - 22 in Pleasant Grove.
Upcoming Events
Mayor Pro Tem Clayton reviewed the upcoming community events.
Commission on Justice in the 21st Century - Mr. Clayton
Mr. Clayton provided a report entitled, "Commission on Justice in 21st Century" for staff review and comment.
Report - ULC&T Meeting / Transportation Committee - Mr. Clayton
Mr. Clayton reported on the meeting of the Transportation Committee Meeting where the following was discussed: (1) uses for gasoline tax; (2) special treatment rates; (3) method of taxation; (4) exemptions; (5) distribution formulas; and (6) administration - collection at the pump versus at the distributors. Mr. Hunt arrived at 6:15 p.m.
Great Western Trail - Mr. Clayton
Mr. Clayton reported on a meeting with the Uintah Forest Service regarding the progress of the Great Western Trail. He stated that this is an opportunity for the City to hook into the Trail at Canyon Park, and eventually connect to the Provo River Parkway. He stated that the Recreation Advisory Commission will be looking at this proposal at their next meeting.
MAYOR'S APPOINTMENTS
Appointments to Boards and Commissions
There were no appointments at this time.
CITY MANAGER'S APPOINTMENT
Appointments to Boards and Commissions
Mr. Berlin recommended the appointment of Jim Zufelt to the Board of Building and Fire Code Appeals. Mr. Hunt moved to approve the appointment as recommended. Mr. Woodhouse seconded the motion. Those voting aye: Mr. Clayton, Mr. Evans, Mr. Hunt, Mrs. Johnson and Mr. Woodhouse. The voting was unanimous.
CONSENT ITEMS
Minutes of the City Council Meeting of May 28, 1991
Mrs. Johnson moved to approve the minutes of May 28, 1991 with the following correction:
Page 5, Line 15, correct the word Mountainlands to Mountainland.
Mr. Hunt seconded the motion. Those voting aye: Mr. Clayton, Mr. Evans, Mr. Hunt, Mrs. Johnson and Mr. Woodhouse. The motion passed unanimously.
SCHEDULED ITEMS
Report - UTA - Richard Jackson
Mr. Berlin explained this is a report by Richard Jackson regarding UTA service in Utah County.
Mr. Jackson stated that UTA has been actively involved in Utah County since 1985. He stated that UTA has been invaluable for many who have no other transportation. He provided statistical and historical information regarding number of passengers, services miles, weekday ridership, passenger revenue miles, etc. He stated that ridership has increased dramatically since 1985.
Mr. Jackson indicated that UTA is proposing to change the routing at University Mall, and expects to submit the change to the Planning Commission and City Council in the near future. He stated that the change attempts to move the bus traffic away from the mall proper by providing loading and unloading at the exterior of the parking lot areas. He stated that they hope to be operational by November.
Mr. Clayton felt that this was a good approach. Mr. Jackson also indicated that it should help to solve the concerns expressed by the area residents, even though it may mean more walking for Mall patrons.
Mr. Jackson reviewed the use of deep discount fairs for underused routes, whereby large corporations could offer a group ticket to their employees as one of their benefits. He stated that Utah Valley Regional Medical Center is already doing this, and it is hoped it will expand to BYU, etc.
Mr. Evans asked Mr. Jackson if UTA foresees the expansion of the express route with pickups and stops in north Orem. Mr. Jackson stated that the UTA staff is constantly look at ridership concepts. He stated that he would recommended this suggestion.
Resolution - Approval of Sponsor for Proposed 202 Elderly Housing Project
Mr. Berlin explained that this is a resolution which approves the sponsor for the proposed 202 Elderly Housing project to be located on City property at approximately 210 North 400 East. He explained that proposals were requested and two were received. Multi-Ethnic Development Corporation submitted a package proposal that would involve a number of different entities. The other proposal was submitted by the Danville Corporation out of Salt Lake City. He stated that Federal requirements do not allow the City to be the sponsor of the project, but it was felt that since the City is participating in the project, the City Council should approve the sponsor.
After further discussion, Mr. Hunt moved, by resolution, to approve Multi-Ethnic Development Corporation of Salt Lake City as the sponsor for the proposed 202 Elderly Housing Project. Mr. Evans seconded the motion. Those voting aye: Mr. Clayton, Mr. Evans, Mr. Hunt, Mrs. Johnson and Mr. Woodhouse. The motion passed unanimously.
Conditional Use Permit - Preliminary Plan Amendment - Cornerstone Condominiums - James Joyner - 300 North 400 East - R-1-8 Zone
Mr. Berlin explained that this is a request to amend a conditional use permit for SLU 1111 (Condominiums), and to amend the preliminary plan for Cornerstone Condominiums, located at 300 North 400 East. Mr. Stout reviewed the proposed amendment which includes expanding the project from 26 units to 34 units, and adding 1.66 acres of additional property. Mr. Stout indicated that the proposed amendment does not change the overall density. He stated that staff felt this was the best use for this property. After further discussion, Mr. Hunt moved, by resolution, to approve the conditional use permit amendment and preliminary plan amendment as recommended. Mr. Woodhouse seconded the motion.
Mr. Evans asked Mr. Stout if he felt there was adequate access. Mr. Stout indicated, "Yes".
Those voting aye: Mr. Clayton, Mr. Evans, Mr. Hunt, Mrs. Johnson and Mr. Woodhouse. The motion passed unanimously.
Report - Water Distribution - Utah Lake Drainage Basin
Mr. Berlin explained that this is a report by Glade Gillman and Jack Jones of the Metropolitan Water Board regarding a proposal prepared by the State Engineer's Office concerning the distribution of water within the Utah Lake Drainage Basin.
Mr. Jones provided a brief overview of the proposal. He summarized the following concerns: (1) How is the State Engineer going to assign priority dates to water rights in the Utah Lake Drainage Basin?; (2) What impact will the priority dates established for Utah Lake affect the upstream rights?; (3) Once the priority dates are established, how will the water be allocated and managed?; (4) What is the definition for "existing rights", and who will determine "beneficial use"?; and (5) Why are natural flow rights and storage rights being looked at separately, rather than jointly?
Mr. Jones indicated that they are preparing a response to the State Engineer, which must be submitted by July 1, 1991.
Mr. Berlin asked if there is anything the City can do to assist. Mr. Jones indicated that the City staff has already been involved in the review process.
Mr. Gillman stated that he is happy to serve as Chairman of the Metropolitan Water Board. He also expressed appreciation to Jack Jones for accepting the Manager position. He stated that they are a very active board, and that all of the members are very knowledgeable. He felt that Orem City should be very proud of their accomplishments in the past and the present.
Continued Discussion - Utah County Fair Participation
Mr. Berlin explained that this is a continued discussion regarding the City's participation in the Utah Valley Fair. Mr. Berlin stated that staff feels that the focus should on the various boards and commissions. He recommended using the Strategic Plan Advisory Commission this year, and rotating to the other commissions during subsequent years.
After further discussion, Mr. Hunt moved to accept the recommendation of the City Manager and focus on the Strategic Plan Advisory Commission for this year's participation in the Utah Valley Fair. Mr. Woodhouse seconded the motion.
Mr. Clayton expressed approval for this recommendation, and suggested that if there are staffing problems that the other boards and commissions be utilized.
Those voting aye: Mr. Clayton, Mr. Evans, Mr. Hunt, Mrs. Johnson, and Mr. Woodhouse. The motion passed unanimously.
Mrs. Johnson and Mr. Clayton stated that they, too, would be willing to volunteer their time.
Report - State Court Reorganization Plan
Mr. Berlin explained that this is a report regarding the State Court Reorganization Plan.
Mr. Johnson provided a summary of the 1991 State Court Reorganization legislation. He reviewed the following options available to the Council:
(1) Stay in the Circuit Court
(A) Prosecute only City cases.
(B) Prosecute City and State cases.
(2) Create a Municipal Justice Court
(A) Prosecute only City cases.
(B) Prosecute all City and State cases.
(C) Prosecute some cases in Justice Court, and some in Circuit Court.
Mr. Johnson reviewed the following advantages and disadvantages to Option 1 and Option 2:
Option 1 - Advantages
(1) Would save facility and personnel costs.
(2) Revenues will increase.
(A) $50,000 per year if the City does only City cases.
(B) $100,000 per year minus the cost of added Legal Services personnel if the City does State cases.
(3) Would be a court of record.
(4) Would have an independent judiciary.
(5) Would have an experienced judiciary.
(6) Raising revenue would remain a problem of the State.
Option 1 - Disadvantages
(1) Multiple judges.
(2) The court is not always responsive to the City's needs.
(3) Zoning enforcement is not consistent.
Option 2 - Advantages
(1) City autonomy.
(2) The Court would most likely be responsive to City's needs.
(3) Consistent zoning enforcement.
(4) Potential for increased revenues.
(5) One judge would result in consistency in rulings, issuance of search warrants, etc.
(6) Potential of getting court building for Public Safety.
Option 2 - Disadvantages
(1) Must be on line by January 1, 1992.
(2) Revenues are not guaranteed.
(3) The Court may generate revenue rather than dispense justice.
(4) A second trial may be required.
Mr. Berlin indicated that if the City were able to get the court facility back, and if the City were able to convert the facility to accommodate Public Safety operations, which is badly needed, and if the only way to do this is through the establishment of a Municipal Justice Court, then it might be worth pursuing. He indicated, however, that unless it is determined by June 25, 1991 that the City can get the court building back, it would be his recommendation to stay with the Circuit Court and consider it again at the next window. He stated that the State Court officials are meeting with the State Building officials to discuss the disposition of all of the court facilities.
This discussion was continued to the meeting of June 25, 1991 for further discussion and final determination.
Adjourn to Redevelopment Agency Meeting
Mr. Hunt moved to adjourn to a Redevelopment Agency meeting to discuss property acquisition. Mr. Woodhouse seconded the motion. Those voting aye: Mr. Clayton, Mr. Evans, Mr. Hunt, Mrs. Johnson and Mr. Woodhouse. The motion passed unanimously. The meeting adjourned at 7:43 p.m.
The City Council meeting was reconvened at 7:44 p.m.
Adjournment of Meeting
Mr. Woodhouse moved to adjourn to a closed door session to discuss property acquisition. Mr. Woodhouse seconded the motion. Those voting aye: Mr. Clayton, Mr. Evans, Mr. Hunt, Mrs. Johnson and Mr. Woodhouse. The motion passed unanimously. The meeting adjourned at 7:45 p.m.
Closed Door Session
A closed door session was held at 7:50 p.m. to discuss property acquisition. Those in attendance were: Mayor Pro Tem Clayton; Councilmembers Evans, Hunt, Johnson, and Woodhouse; Daryl Berlin; Ott Dameron; and Melody Downey. The meeting adjourned at 8:43 p.m.